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But court heavily fines them for dubious conviction of collecting personal data.

ISTANBUL, October 19 (CDN) — After four years of legal battle in a Turkish court, a judge acquitted two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge.

Four years ago this month, Turan Topal, 50, and Hakan Tastan, 41, started a legal battle after gendarmerie officers produced false witnesses to accuse them of spreading their faith and allegedly “insulting Turkishness, the military and Islam.”

At the Silivri court an hour west of Istanbul, Judge Hayrettin Sevim on Thursday (Oct. 14) acquitted the defendants of two charges that they had insulted the Turkish state (Article 301) and that they had insulted its people (Article 216) by spreading Christianity. Sevim cited lack of evidence.

He found them guilty, however, of collecting information on citizens without permission (Article 135) and sentenced them to seven months of imprisonment each. The court ruled that the two men could each pay a 4,500 lira (US$3,170) fine instead of serving time, said their lawyer Haydar Polat.

Tastan expressed mixed feelings about the verdicts.

“For both Turan and I, being found innocent from the accusation that we insulted the Turkish people was the most important thing for us, because we’ve always said we’re proud to be Turks,” Tastan said by telephone. “But it is unjust that they are sentencing us for collecting people’s information.”

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which has since acquired official association status and is now called The Association for Propagating Knowledge of the Bible. The two men had used contact information that individuals interested in Christianity had volunteered to provide on the association’s website.

Administrators of the association stated openly to local authorities that their goal was to disseminate information about Christianity.

The two men and their lawyer said they will be ready to appeal the unjust decision of the court when they have seen the official statement, which the court should issue within a month. Polat said the appeal process will take over a year.

“Why should we have to continue the legal battle and appeal this?” asked Tastan. “We are not responsible for the information that was collected. So why are they fining us for this? So, we continue our legal adventure.”

Still, he expressed qualified happiness.

“We are free from the charges that we have insulted the Turkish state and the people of Turkey and we’re glad for that, but we are sorry about the court’s sentence,” Tastan said. “We’re happy on one hand, and sorry on the other.”

The court hearing lasted just a few minutes, said Polat.

“The judges came to the court hearing ready with their decision,” Polat said. “Their file was complete, and there was neither other evidence nor witnesses.”

Polat was hesitant to comment on whether the decision to convict the men of collecting private data without permission was because they are Christians. He did underline, however, that the court’s decision to fine the men was unjust, and that they plan to appeal it after the court issues an official written verdict.

“This was the court’s decision,” said Polat, “but we believe this is not fair. This decision is inconsistent with the law.”

Christianity on Trial

The initial charges in 2006 against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

In March 2009 the Turkish Ministry of Justice issued a statement claiming that approval to try the two men’s case under the controversial Article 301came in response to the “original” statement by three young men that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Two of the three witnesses, however, stated in court that they didn’t even know Topal and Tastan. The third witness never appeared in court. Prosecutors were unable to produce any evidence indicating the defendants described Islam in these terms. At the same time, they questioned their right to speak openly about Christianity with others.

Polat and his legal partners had based their defense on the premise that Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” Polat told Compass last year. “In Turkey, constitutionally speaking, it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer and the defendants said that prosecuting lawyers gave political dimensions to the case by rendering baseless accusations in a nationalistic light, claiming that missionary activities were carried out by imperialistic countries intending to harm Turkey.

Tastan and Topal became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Ergenekon has been implicated in the cases of murdered priest Andreas Santoro, Armenian editor Hrant Dink, and the three Christians in Malatya: Necati Aydin, Ugur Yuksel and Tilmann Geske.

In a separate case, in March of 2009 Tastan and Topal were charged with “illegal collection of funds.” Each paid a fine of 600 Turkish lira (US$360) to a civil court in Istanbul. The verdict could not be appealed in the Turkish legal courts. This ruling referred to the men receiving church offerings without official permission from local authorities.

Designation on identification cards used to discriminate on basis of religion.

ISTANBUL, February 5 (CDN) — A European court on Tuesday (Feb. 2) ordered Turkey to remove the religious affiliation section from citizens’ identification cards, calling the practice a violation of human rights.

Religious minorities and in particular Christian converts in Turkey have faced discrimination because of the mandatory religion declaration on their identification cards, which was enforced until 2006. Since then, citizens are allowed to leave the “Religion” section of their IDs blank.

The ruling by the European Court of Human Rights (ECHR) “is a good thing,” said Zekai Tanyar, president of the Turkish Protestant Alliance, citing prejudices against Christian converts.

“[Religion on the ID] can cost people their jobs,” he said. “It has been known to affect whether they get a job or not, how people look at them, whether they are accepted for a post or an application of some sort. Therefore I think [the ruling] is a good and appropriate thing.”

Tanyar said the same principles would apply in the case of Muslims living in a country that had prejudices against Muslims. For converts in Turkey having to state their religion on their ID cards, “in practice, and in people’s experience, it has been negative.”

The ECHR ruling came after a Turkish Muslim national filed a petition challenging that his identification card stated his religion as “Alevi” and not Muslim. Alevis practice a form of Shia Islam that is different from that of the Sunni Muslim majority.

The court found in a 6-to-1 vote that any mention of religion on an identity card violated human rights. The country was found to be in violation of the European Convention of Human Rights – to which Turkey is a signatory – specifically Article 9, which deals with freedom of religion and belief; Article 6, which is related to due process; and Article 12, which prohibits discrimination.

The presence of the “religion” box on the Turkish national identification card obliges individuals to disclose, against their will, information concerning an aspect of their personal convictions, the court ruled.

Although the government argued that indication of religion on identity cards did not compel Turks to disclose their religious convictions, the ECHR found that the state was making assessments of the applicant’s faith, thus breaching its duty of neutrality and impartiality.

In a statement on the verdict this week, Turkish Prime Minister Recep Tayyip Erdogan said that the ruling was in line with the government’s intentions.

“I don’t see the ECHR decision as abnormal,” he said, according to Turkish daily Taraf. “It’s not very important if it is removed.”

The ECHR is independent of the European Union, which Turkey seeks to join. The rulings of the ECHR are binding for members of the Council of Europe, of which Turkey is a member, and must be implemented.

A Step in the Right Direction

Human rights lawyers welcomed the decision of the ECHR, saying it is a small step in the direction of democracy and secularism in Turkey.

“It is related to the general freedom of religion in our country,” said human rights lawyer Orhan Kemal Cengiz. “They assume everyone is Muslim and automatically write this on your ID card, so this is a good reminder that, first of all, everyone is not Muslim in this country, and second, that being a Muslim is not an indispensible part of being Turkish.”

The lawyer said the judgment would have positive implications for religious minorities in Turkey who are subject to intolerance from the majority Muslim population.

In 2000 Turkey’s neighbor Greece, a majority Christian Orthodox country, lifted the religion section from national IDs in order to adhere to European human rights standards and conventions, causing tumult among nationals.

“In Turkey, Greece or whatever European country, racism or intolerance or xenophobia are not rare occurrences if [religion] is written on your card, and if you are a minority group it makes you open to racist, xenophobic or other intolerant behaviors,” said Cengiz. “There might be times that the [religious] declaration might be very dangerous.”

International Implications

It is not yet known what, if any, effect the ECHR decision could have on the rest of the Middle East.

Because of its history, economic power and strategic location, Turkey is seen as a leader in the region. Like Turkey, many Middle Eastern countries have a place for religious affiliation on their identification cards. Unlike Turkey, listing religious affiliation is mandatory in most of these countries and almost impossible to change, even under court order.

According to Human Rights Watch (HRW), religious identification is used as a tool to deny jobs and even basic rights or services to religious minorities in many Middle Eastern countries.

“It’s a serious problem from a human rights point of view,” said Joe Stork, deputy director for the Middle East and North Africa for HRW, an international human rights organization. “It’s especially problematic when that requirement becomes a basis for discrimination.”

Stork said the identification cards shouldn’t have a listing for religion at all. He said the European decision may eventually be used in legal arguments in Middle Eastern courts, but it will be a long time before change is realized.

“It’s not like the Egyptian government is going to wake up in the morning and say, ‘Gee, let’s do that,’” Stork said.

Egypt in particular is notorious for using religion on IDs to systematically discriminate against Coptic Christians and converts to Christianity. While it takes a day to change one’s religion from Christianity to Islam on their ID, the reverse is virtually impossible.

Slap to religious freedom in Switzerland leads to threat over church bell tower in Turkey.

ISTANBUL, December 15 (CDN) — In response to a Swiss vote banning the construction of new mosque minarets, a group of Muslims this month went into a church building in eastern Turkey and threatened to kill a priest unless he tore down its bell tower, according to an advocacy group.

Three Muslims on Dec. 4 entered the Meryem Ana Church, a Syriac Orthodox church in Diyarbakir, and confronted the Rev. Yusuf Akbulut. They told him that unless the bell tower was destroyed in one week, they would kill him.

“If Switzerland is demolishing our minarets, we will demolish your bell towers too,” one of the men told Akbulut.

The threats came in reaction to a Nov. 29 referendum in Switzerland in which 57 percent voted in favor of banning the construction of new minarets in the country. Swiss lawmakers must now change the national constitution to reflect the referendum, a process that should take more than a year.

The Swiss ban, widely viewed around the world as a breach of religious freedom, is likely to face legal challenges in Switzerland and in the European Court of Human Rights.

There are roughly 150 mosques in Switzerland, four with minarets. Two more minarets are planned. The call to prayer traditional in Muslim-majority countries is not conducted from any of the minarets.

Fikri Aygur, vice president of the European Syriac Union, said that Akbulut has contacted police but has otherwise remained defiant in the face of the threats.

“He has contacted the police, and they gave him guards,” he said. “I talked with him two days ago, and he said, ‘It is my job to protect the church, so I will stand here and leave it in God’s hands.’”

Meryem Ana is more than 250 years old and is one of a handful of churches that serve the Syriac community in Turkey. Also known as Syrian Orthodox, the Syriacs are an ethnic and religious minority in Turkey and were one of the first groups of people to accept Christianity. They speak Syriac, a dialect of Aramaic, a language spoken by Christ. Diyarbakir is located in eastern Turkey, about 60 miles from the Syrian border.

At press time the tower was standing and the priest was safe, said Jerry Mattix, youth pastor at the Diyarbakir Evangelical Church, which is located across a street from Meryem Ana Church.

Mattix said that threats against Christians in Diyarbakir are nothing out of the ordinary. Mattix commonly receives threats, both in the mail and posted on the church’s Internet site, he said.

“We’re kind of used to that,” Mattix said. He added that he has received no threats over the minaret situation but added, “I wouldn’t be surprised if we do.”

Mattix said the people making threats in the area are Muslim radicals with ties to Hezbollah “who like to flex their muscles.”

“We are a major target out here, and we are aware of that,” Mattix said. “But the local police are taking great strides to protect us.”

Mattix said he also has “divine confidence” in God’s protection.

The European Syriac Union’s Aygur said that Christians in Turkey often serve as scapegoats for inflamed local Muslims who want to lash out at Europeans.

“When they [Europeans] take actions against the Muslims, the Syriacs get persecuted by the fanatical Muslims there,” he said.

The threats against the church were part of a public outcry in Turkey that included newspaper editorials characterizing the Swiss decision as “Islamophobia.” One Turkish government official called upon Muslims to divest their money from Swiss bank accounts. He invited them to place their money in the Turkish banking system.

In part, the threats also may reflect a larger and well-established pattern of anti-Christian attitudes in Turkey. A recent study conducted by two professors at Sabanci University found that 59 percent of those surveyed said non-Muslims either “should not” or “absolutely should not” be allowed to hold open meetings where they can discuss their ideas.

The survey also found that almost 40 percent of the population of Turkey said they had “very negative” or “negative” views of Christians. In Turkey, Christians are often seen as agents of outside forces bent on dividing the country.

This is not the first time Akbulut has faced persecution. Along with a constant string of threats and harassment, he was tried and acquitted in 2000 for saying to the press that Syriacs were “massacred” along with Armenians in 1915 killings.

In Midyat, also in eastern Turkey, someone recently dug a tunnel under the outlying buildings of a Syriac church in hopes of undermining the support of the structure.

At the Mor Gabriel Monastery, also near Midyat, there is a legal battle over the lands surrounding the monastery. Founded in 397 A.D., Mor Gabriel is arguably the oldest monastery in use today. It is believed local Muslim leaders took the monastery to court in an attempt to seize lands from the church. The monastery has prevailed in all but one case, which is still underway.

“These and similar problems that are threatening the very existence of the remaining Syriacs in Turkey have reached a very serious and worrying level,” Aygur stated in a press release. “Especially, whenever there is a problem about Islam in the European countries, the Syriacs’ existence in Turkey is threatened with such pressures and aggressions.”

State fails to set aside funds to transport key witness to hearing.

MALATYA, Turkey, June 25 (Compass Direct News) – A suspected “middleman” between the alleged masterminds and young executors in the stabbing murders of three Christians here failed to appear at a hearing on Friday (June 19) because of a procedural error.

The state prosecutor’s office failed to set aside funds to transport Varol Bulent Aral to the southeastern city of Malatya from Istanbul, where he is held, the court announced. Aral is the second suspected middleman connecting the five young murderers to “deep state” masterminds who allegedly plotted to kill Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske.

The three Christians were bound and tortured before they were murdered on April 18, 2007 at Zirve Publishing Co., where they worked. Suspects Salih Guler, Cuma Ozdemir, Hamit Ceker, Abuzer Yildirim and alleged ring-leader Emre Gunaydin were caught at the scene of the crime.

While in prison, Gunaydin testified to the state prosecutor that Aral, a journalist allegedly attached to a far-reaching political conspiracy known as Ergenekon, had contacted him and instructed him to carry out the murders. Gunaydin had also testified that Huseyin Yelki, who worked as a volunteer at the Zirve office, had planned details of the crime with him.

The court heard Yelki’s testimony in the last two hearings, but judges could not arrive at conclusive evidence connecting him to the murders. At the May hearing, Gunaydin retracted his statement that he and Yelki met to strategize before the murders. An order last month to investigate Yelki’s bank accounts for links to suspicious activity has yielded no new information, judges stated at the last hearing. He is still obligated, however, to attend every court hearing.

At a May hearing, the court also requested a list of people who have visited Gunaydin since the beginning of this year, suspecting that he may be under pressure to retract statements he has made implicating middlemen in the murders. The court is still evaluating the list of visitors it received.

Gunaydin’s girlfriend, Burcu Polat, was also expected to testify on Friday but did not appear. The court ordered Polat to appear at the next hearing and is petitioning the prosecutor’s office to funnel the necessary funds for Aral’s transportation from Istanbul to Malatya.

Erdal Dogan, one of a team of plaintiff lawyers in the Malatya case, told reporters after the short hearing that Aral’s absence resulted from a great oversight on the part of the Justice Ministry.

“They didn’t bring the witness due to a lack of funds,” said Dogan. “That the Justice Ministry knew the court date and didn’t put money aside for the witness to come is a tragic state of affairs.”

When asked whether the case will be joined to the ongoing Ergenekon court hearings, Dogan said the court is still researching possible links between the Malatya murders and those of Armenian Christian and newspaper editor Hrant Dink, who was killed three months before the men in Malatya, and Catholic priest Andrea Santoro, who was slain in the Black Sea coastal town of Trabzon in February 2006.

Link with ‘Insulting Turkishness’ Trial?

In Silivri, the case against Turkish Christian converts Hakan Tastan and Turan Topal for “insulting Turkishness” under controversial Article 301 continues to drag on two years after they were charged – leading the defendants to wonder if the “deep state” is also behind their ordeal.

Tastan and Topal were charged after speaking about their faith. The decision to try them under the disputed article came after three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – stated that Topal and Tastan were conducting missionary activities in an effort to show that Islam is a primitive, fictitious religion that results in terrorism and to portray Turks as a “cursed people.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms. Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

At a June 24, 2008 hearing, two witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses – including one of the original complainants, Kose – have failed to show up on various trial dates.

On May 28 the court, though yet again reaching no conclusions, ordered five witnesses to appear at the next hearing, set for Oct. 15.

“This is malicious,” Topal told Compass. “Every time they call someone else, find something new to accuse us of. They have called everyone, and this time they’re calling people from the judiciary… claiming that we met with them. It just keeps going on.”

Three of the five lawyers ordered to appear at the next hearing are workers in the country’s judicial system.

“If they would just make up their mind and at least pronounce us guilty, we would have a chance to take the case to the European Court of Human Rights, but now there’s just uncertainty,” said Topal.

He said he and Tastan are convinced that their trial is a set-up from Turkey’s “deep state” and is connected to the murders of the Christians in Malatya.

He described how, after they came out of a hearing held the day the three Christians were murdered in Malatya, members of the press and others gathered outside the courthouse in Silivri.

“Among the crowd, people yelled out to us, ‘We will cut you up too. We will kill you too,’” he said. “So when did they gather these people? When did they come? When did they learn of the event to know to yell at us if there wasn’t a connection between the two cases?”

Two key figures pressing the Article 301 charges and promoting sensational media coverage of the Silivri trial are now jailed themselves, unable to attend the hearings. Both ultranationalist lawyer Kemal Kerincsiz and spokesperson Sevgi Erenerol of the Turkish Orthodox Church – a Turkish nationalist denomination with no significant following – are accused of playing leading roles in Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy to overthrow the government.

“I think that it was the same people who orchestrated this,” said Tastan, referring to Ergenekon.

Convert to Christianity loses another job as co-workers learn he’s not Muslim.

ISTANBUL, June 15 (Compass Direct News) – Since Iranian native Nasser Ghorbani fled to Turkey seven years ago, he has been unable to keep a job for more than a year – eventually his co-workers would ask why he didn’t come to the mosque on Fridays, and one way or another they’d learn that he was a convert to Christianity.

Soon thereafter he would be gone.

Never had anyone gotten violent with him, however, until three weeks ago, when someone at his workplace in Istanbul hit him on the temple so hard he knocked him out. When he came back to his senses, Ghorbani was covered in dirt, and his left eye was swollen shut. It hurt to breathe.

His whole body was in pain. He had no idea what had happened.

“I’ve always had problems at work in Turkey because I’m a Christian, but never anything like this,” Ghorbani told Compass.

A carpenter by trade, Ghorbani started working at an Istanbul furniture maker in November 2008. From the beginning, he said, the Turks he worked with noticed that he didn’t go to the mosque on Friday. Nor did he behave like everyone else.

“If someone swore, I would say, ‘Don’t swear,’ or if someone lied, I said, ‘That’s not honest,’” he said. “You know Turks are very curious, and they try to understand everything.”

Although he tried to conceal his faith from his co-workers, inevitably it became obvious.

Soon after he started his new job, Ghorbani and his family found a new apartment. On the planned move-in day, New Year’s Day, his boss sent the company truck along with a truck driver to help; members of the Christian group that often meets in his home also came.

“When the [truck driver] saw all these people at our house, he was surprised,” said Ghorbani’s wife, Leila, explaining that he seemed especially surprised to find foreigners among the group. “It was big news back at the factory.”

Ghorbani said that in the following months the questions persisted, as well as pressure to attend the mosque. He avoided these as best as he could, but he admitted that two mistakes confirmed their suspicions. Someone from work learned that he had a broken personal computer for sale and bought it, only to find Christian documents and photos on the hard drive. Secondly, a mutual friend later admitted to a co-worker that he went to the same church as Ghorbani.

“The attitude in the entire factory changed toward me,” said Ghorbani, chuckling. “It was like they had agreed to marginalize me. Even our cook started only serving me potatoes, even though she had cooked meat as well. I didn’t say anything.”

In May the truck driver who had helped the Ghorbanis move finally confronted him.

“Your country is a Muslim country,” he told him, “and you may have become a Christian, but you are coming to Friday prayers today.”

On May 22 during lunch, his co-workers told him they were taking him to the mosque that day. “You are going to do your prayers,” one said.

Ghorbani brushed it off and, to appease them, said he would come after lunch. But as they were about to leave for the mosque, he asked them why they only pray once a week – and told them that as a Christian he couldn’t accept it and wouldn’t join them.

After the day’s last delivery and pick-up, the truck driver returned to work. As everyone was getting ready to leave, from the corner of his eye Ghorbani saw the truck driver walking up to him, and felt the blow of his fist on his temple. When he regained consciousness, some co-workers were washing his face in the bathroom.

They told him a little about how he was beaten, put him in a cab with one of their colleagues and sent him home. That evening, his fellowship group was meeting at his home. They had just sat down for dinner when Ghorbani arrived later than usual.

“He walked in, and he was limping because his right side hurt,” said an Iranian friend who was at the meeting. “There was dirt all over his clothes, and there was blood in his left eye. When I saw him I got scared. I thought that maybe a car had hit him.”

Wanting to avoid a hospital visit and questions from police, Ghorbani went to a private doctor a few days later. The doctor instructed him to stay home for three weeks to recover from the injuries: badly bruised ribs, shoulder, shins and eye, and internal stomach bleeding.

When he took the medical report to his workplace the following day, co-workers told him that his boss had fired the truck driver, and that even though management was very happy with his work, it would be safer for him to look for employment elsewhere. They said the truck driver blamed Ghorbani for losing his job and had threatened to kill him if he ever saw him.

“I have a family and home and nothing to lose,” the truck driver said, according to co-workers. “If I kill him, the worst thing that could happen to me is that I do some jail time.”

Ghorbani’s friend said that even if other Iranian converts to Christianity don’t suffer violence as Nasser has, life for them is full of pressure and uncertainty at work.

“Maybe for Christians by birth there are no pressures or problems, but people like us who want to [leave Islam to] follow Jesus are fired,” said the friend.

He explained that following their faith means living righteously and not stealing or cheating their bosses out of time and wages.

“That’s when the marginalization starts, when you resist doing wrong,” he said. “But if you live the way they do, lying and stealing, they don’t notice you’re a Christian.”

The Iranian friend said that even before he converted to Christianity in Turkey, his colleagues would pressure him to come to the mosque for Friday prayers because he was a foreigner.

“After becoming a Christian, the pressure gets worse,” he said. “The way they look at you changes … and, honestly, they try to convince you, [saying] that you haven’t researched your decision well enough.”

Now running his business out of his own home, the friend said no one can disrupt his work because of his faith, but he is a rarity among Iranian refugees in Turkey.

Ghorbani’s wife said the New Testament is clear on how to respond to attacks.

“The Bible says don’t be surprised when things happen against you, but love more, because you suffer for Christ,” she said.

Hope for a Future

The Ghorbanis said they are thankful for their time in Turkey, though their future is unclear.

The family first fled to Turkey in 2002 after realizing that their families were becoming aware of Nasser’s newfound faith. Ghorbani had worked in the Iranian Armed Forces for 10 years before he was fired in 1995 because, as a secular Muslim, he refused to attend Quran classes, which were necessary for keeping his job or being promoted.

For the following eight years, the government kept close tabs on the couple, questioning them every six months. Ghorbani could not travel outside of Iran during this period.

In 2001 he became a Christian under the influence of a customer who ordered furniture from his shop. As soon as Ghorbani’s passport was issued, he fled to Turkey; his family followed a few months later. Soon his family also espoused Christianity after his wife had a dream of Jesus saving her from sinking sand.

“We have learned the truth, and it has set us free,” Leila Ghorbani said.

The family is in the process of applying to the United Nations High Commissioner for Refugees to re-open their case; their first application was denied three years ago.

According to the UNHCR’s most recent Global Report, in Turkey there were 2,100 Iranian refugees and 2,300 asylum-seekers from Iran in 2008. Although there is no data on how many Christian Iranians are living in Turkey, it is estimated that there is an Iranian house church in each of 30 “satellite cities” where the government appoints refugees and asylum seekers to live.

The Ghorbanis have three daughters, ages 20, 17 and 2. Ghorbani said he and his family would be in danger if they were returned to Iran.

“As a Christian I can’t return to Iran, or I risk losing my life,” Ghorbani said. “If they catch me, because I was a lieutenant they will directly hang me.”

Ministry of Justice decision suggests spreading Christianity may be unlawful in Turkey.

ISTANBUL, March 20 (Compass Direct News) – Turkey’s decision last month to try two Christians under a revised version of a controversial law for “insulting Turkishness” because they spoke about their faith came as a blow to the country’s record of freedom of speech and religion.

A Silivri court on Feb. 24 received the go-ahead from the Ministry of Justice to try Christians Turan Topal and Hakan Tastan under the revised Article 301 – a law that has sparked outrage among proponents of free speech as journalists, writers, activists and lawyers have been tried under it. The court had sent the case to the Ministry of Justice after the government on May 8, 2008 put into effect a series of changes – which critics have called “cosmetic” – to the law.

The justice ministry decision came as a surprise to Topal and Tastan and their lawyer, as missionary activities are not illegal in Turkey. Defense lawyer Haydar Polat said no concrete evidence of insulting Turkey or Islam has emerged since the case first opened two years ago.

“The trial will continue from where it left off – to be honest, we thought they wouldn’t give permission [for the case to continue],” said Polat, “because there was no persuasive evidence of ‘degrading Turkishness and Islam’ in the case file.”

A Ministry of Justice statement claimed that approval to try the case came in response to the original statement by three young men – Fatih Kose, Alper Eksi and Oguz Yilmaz – that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Prosecutors have yet to produce any evidence indicating the defendants described Islam in these terms, and Polat said Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” said Polat. “In Turkey, constitutionally speaking it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer contended that prosecuting lawyers have given political dimensions to the case by rendering baseless accusations in a nationalistic light.

“From their point of view, missionary activity carried out by missionaries of imperialistic countries is harmful for Turkish culture and the country overall,” Polat said.

Tastan said that although he has always been confident that he and Topal will be acquitted, the decision of the Ministry of Justice to try them under Article 301 left him deeply disappointed in his own country.

“After this last hearing, I realized that I didn’t feel as comfortable as I had been in the past,” Tastan told Compass. “I believed that surely the Ministry of Justice would never make the decision they did.”

Tastan said he was uneasy that his country would deem his Christian faith as insulting to the very Turkishness in which he takes pride.

“This is the source of my uneasiness: I love this country so much, this country’s people, that as a loving Turk who is a Christian to be tried for insulting Turkey has really cut me up,” said Tastan. “Because I love this nation, I’ve never said anything against it. That I’m a Christian, yes, I say that and I will continue to do so. But I think they are trying to paint the image that we insult, dislike and hate Turks. This really makes me sad and heartsick.”

If nothing else, Tastan said, the trial has provided an opportunity for Turkish Christians to show God’s love and also make themselves known to their compatriots. He called the ministerial decision duplicitous.

“A government that talks the European Union talk, claims to respect freedom, democracy, and accept everyone, yet rejects me even though I’m a Turkish citizen who is officially a Christian on his ID card, has made me sad,” he said. “That’s why I’m disappointed.”

No-Shows

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which last week acquired official association status and is now called “The Society for Propagating Knowledge of the Bible.” In the last court hearing, prosecutors demanded that further inquiries be conducted into the nature of the association since the defendants used their contact lists to reach people interested in Christianity.

“Because they think like this, they believe that the Bible center is an important unit to the missionary activities,” said Polat. “And they allege that those working at this center are also guilty.”

The court has yet to decide whether police can investigate the Christian association.

Polat and the defendants said they believe that as no evidence has been presented, the case should come to a conclusion at the next hearing on May 28.

“From a legal standpoint, we hope that they will acquit us, that it will be obvious that there is no proof,” said Tastan. “There have only been allegations … none of the witnesses have accused us in court. I’m not a legal expert, but I believe that if there is no proof and no evidence of ‘insulting,’ then we should be set free.”

The initial charges prepared by the Silivri state prosecutor against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that Christian missionaries were trying to form illegal groups in local schools and insulting Turkishness, the military and Islam.

Despite a court summons sent to the Silivri and Istanbul gendarme headquarters requesting six gendarme soldiers to testify as prosecution witnesses, none have stepped forward to do so. At a June 24, 2008 hearing, two witnesses for the prosecution declared they did not know the defendants and had never seen them before facing them in the courtroom. Several witnesses – including one of the original complainants, Kose – have failed to show up on various trial dates.

“We believe the case has arrived to a concluding stage, because all evidence has been collected and the witnesses have been heard,” Polat said. “We believe the accused will be dismissed. The inverse would surprise us.”

Polat underlined that while the case shows that human rights violations in Turkey are still a “serious problem,” it is also true that Turkey’s desire to join the European Union has brought sincere efforts to improve democratic processes. He attested, however, that establishing a true democracy can be a long process that requires sacrifices.

“It is my conviction that there is no other way for people to believe in and establish democracy than through struggle,” he said.

Tastan added that he sees hope that the notion that being “Turkish” means being Muslim is breaking. Due to exposure to media coverage of the murder trial of the April 18, 2007 slaughter of three Christians in Malatya, he said, Turks are becoming aware that there are fellow citizens who are Christians and are even dying for their Lord.

“This makes me happy, because it means freedom for the Turkish Christians that come after us,” said Tastan. “At least they won’t experience these injustices. I believe we will accomplish this.”

For the time being, though, the Ministry of Justice’s decision that Tastan and Topal can be tried under the revised Article 301 law appears to contribute to the belief that to promulgate a non-Islamic faith in Turkey is tantamount to treason. As Turkish online human rights magazine Bianet headlined its coverage of the decision, “Ministerial Edict: You Can Be a Christian But Do Not Tell Anyone!”

ISTANBUL, January 12 (Compass Direct News) – A judge in Turkey sentenced a 19-year-old Muslim to four-and-a-half years in prison on Jan. 5 for stabbing a Catholic priest in the coastal city of Izmir in December 2007.

Ramazan Bay, then 17, had met with Father Adriano Franchini, a 65-year-old Italian and long-term resident of Turkey, after expressing an interest in Christianity following mass at St. Anthony church. During their conversation, Bay became irritated and pulled out a knife, stabbing the priest in the stomach.

Fr. Franchini was hospitalized but released the next day as his wounds were not critical.

Bay, originally from Balikesir 90 miles north of Izmir, reportedly said he was influenced by an episode of the TV serial drama “Kurtlar Vadisi” (“Valley of the Wolves”). The series caricatures Christian missionaries as political “infiltrators” who pay poor families to convert to Christianity.

“Valley of the Wolves” also played a role in a foiled attack on another Christian leader in December 2007. Murat Tabuk reportedly admitted under police interrogation that the popular ultra-nationalist show had inspired him to plan the murder of Antalya pastor Ramazan Arkan. The plan was thwarted, with the pastor receiving armed police protection and Antalya’s anti-terrorism police bureau ordering plainclothes guards to accompany him.

Together with 20 other Protestant church leaders, Arkan on Dec. 3, 2007 filed a formal complaint with the Istanbul State Prosecutor’s office protesting “Valley of the Wolves” for “presenting them as a terrorist group and broadcasting scenes making them an open target.”

The series has portrayed Christians as selling body parts, being involved in mafia activities and prostitution and working as enemies of society in order to spread the Christian faith.

“The result has been innumerable, direct threats, attacks against places of worship and eventually, the live slaughter of three innocent Christians in Malatya,” the complaint stated.

The Protestant leaders demanded that Show TV and the producers of “Valley of the Wolves” be prosecuted under sections 115, 214, 215, 216 and 288 of the Turkish penal code for spreading false information and inciting violence against Christians.

The past three years saw six separate attacks on priests working across the country, the most serious of which resulted in the death of Father Andreas Santoro in Trabzon. As with Fr. Franchini, many of the attacks were coupled with accusations of subversion and “proselytizing.”

Although a secular republic, Turkey has a strong nationalistic identity of which Islam is an integral part.

Television shows such as “Valley of the Wolves” may not be the norm, but the recent publication of a state high school textbook in which “missionary activity” is also characterized as destructive and dangerous has raised questions about Turkey’s commitment to addressing prejudice and discrimination.

“While there is a general attitude [of antipathy], I think that the state feeds into it and propagates it,” said a spokesperson for the Alliance of Protestant Churches of Turkey (TEK). “If the State took a more accepting and more tolerant attitude I think the general attitude would change too.”

At the end of 2007 TEK issued a summery of the human rights violations that their members had suffered that year. As part of a concluding appeal they urged the state to stop an “indoctrination campaign” aimed at vilifying the Christian community.

TEK will soon release its rights violations summery for 2008, and it is likely that a similar plea will be made.

“There is police protection, and they have caught some people,” the TEK spokesperson said. “There is an active part of the state trying to prevent things, but the way it is done very much depends on the situation and how at that moment the government is feeling as far as putting across a diplomatic and political statement. There is hypocrisy in it.”

A survey carried out in 2005 by the Pew Global Attitudes Project also suggested a distinctly negative attitude towards Christians among Turks, with 63 percent describing their view of Christians as “unfavorable,” the highest rate among countries surveyed.

Niyazi Oktem, professor of law at Bilgi University and president of a prominent inter-faith organization in Turkey called the Intercultural Dialogue Platform, said that while the government could do more to secure religious freedom, he would not characterize Turkish sentiment towards Christians as negative.

“I can say that general Turkish feeling towards the Christian religion is not hostile,” said Oktem. “There could be, of course, some exceptions, but this is also the case in Christian countries towards Islam.”

ISTANBUL, November 25 (Compass Direct News) – Last week’s court hearing on the bloody murder of three Christians in Turkey’s southeastern city of Malatya paved the way for further investigations into the connection between the five defendants and shadowy elements of the Turkish state linked to criminal activities.

The 13th hearing at Malatya’s Third Criminal Court on Friday (Nov. 21) in the murders of Turkish Christians Necati Aydin and Ugur Yuksel and German Christian Tilmann Geske presented little new evidence. No witnesses were called to testify.

The court prosecutor and plaintiff lawyers, however, are pursuing proof that there are links between the murderers and Ergenekon, an ultranationalist cabal of retired generals, politicians, journalists and mafia members under investigation for conspiracy in recent murders.

A separate criminal investigation has linked the cabal to high-profile attacks, murders and plans to engineer domestic chaos and ultimately overthrow the government. Evidence in the Malatya case indicates that a local journalist, Varol Bulent Aral, acted as a bridge between the five murder suspects and Ergenekon.

Plaintiff attorneys also believe that Aral incited the suspected ringleader of the attack, Emre Gunaydin, to murder by convincing him foreign missionaries were connected to the Kurdistan Worker’s Party, a domestic outlawed terrorist organization.

According to a Nov. 14 statement, Gunaydin testified that Aral promised him state immunity for the planned attacks. In court last week, however, he refuted the claim and said he hadn’t met with Aral.

On April 18, 2007 the three Christians were tied up, stabbed and tortured for several hours before their throats were slit in what Turkish media have dubbed “the Malatya massacre” at the Zirve Publishing Co. office in Malatya.

Gunaydin along with Salih Gurler, Cuma Ozdemir, Hamit Ceker and Abuzer Yildirim, who have been in jail for the past 19 months, are accused of the murder. They are all between 19 and 21 years old.

Per their request, plaintiff attorneys have received the Ergenekon file from the 13th High Criminal Court of Istanbul and have reviewed it for connections with the Malatya murders. It is now under investigation by the court prosecutors and judges.

“We are talking about a room with five guys and three men,” said Orhan Kemal Cengiz, who leads the team of plaintiff lawyers. “There is no doubt this is first degree murder; a barbaric act. These things will increase their term of punishment to three counts of murder and three life imprisonment terms each, as well as other crimes such as preventing freedom, stealing and others. We don’t have a question about this.”

The question that remains, according to the plaintiff attorneys, is the identity of the real powers behind the bloody attack. Cengiz said he and the court now have no doubt there were greater forces behind the Malatya murders.

“I am 100 percent sure – it is the impression of the prosecutor and no one has doubts – there are sources behind these young men, but we can’t identify them,” Cengiz told Compass.

The plaintiff team hopes to bring up to 21 witnesses to the stand in subsequent hearings in order to make connections between Ergenekon and the Malatya murders clear.

“We believe all of them are somehow connected and have relevant information to this case,” he said.

If the list is accepted, he said the trial may go on for another year. “But if nothing comes out last minute, it may be over in three or four months,” he said.

Missionary Activities on Trial, Again

At Friday’s hearing, defense lawyers reiterated their position that the five young men acted in response to missionary efforts, suggesting that such activities were sufficiently nefarious to incite the violent murders.

The prosecution team rebutted the statement, saying that according to constitutional Articles 9 and 24, people have the right to share their faith, and no person or authority can follow and record those activities. They pointed out that the five defendants had been collecting data and planning the murders at least eight months before they carried them out.

Defense lawyers also requested that the prison where the defendants are held conduct a psychological exam of the defendants – especially Gurler – because they were all under stress due to suspected ringleader Gunaydin’s threats.

Revisiting Crime Scene

Those present in the courtroom on Friday viewed year-old video footage of defendants Ozdemir, Ceker and Gunaydin each walking through the crime scene shortly after their arrest, describing how they attacked, stabbed and sliced the throats of Aydin, Geske and finally Yuksel.

A sobering silence prevailed in the courtroom as judges, lawyers, local press, Turkish Protestant observers and others watched Ozdemir and later Ceker walk through the Zirve publishing house and re-enact the murders over the dried blood pools of the three martyrs. In their accounts, they implicated Gunaydin and Salih as the main aggressors, although all accuse the others of participating in the murders.

During the video presentation, judges and lawyers noticed suspect Gurler laughing at the witnesses’ testimonies at the crime scene. In the video, Ozdemir and Ceker testified that they had told Gurler and Gunaydin they couldn’t take the violence.

In the video testimony, Ozdemir said he told Gurler while he was stabbing Aydin, the first to be killed, “That’s enough, I can’t do this.” Ozdemir looked down during his video testimony, forlorn and unable to watch.

Gurler later told angry judges that he was laughing because all the witnesses’ statements in the video were false.

“They’re lying against me,” he said.

In his video account of the murder scene, Ceker described how the five young men and the three Zirve staff members talked “a lot” about religion before the suspects attacked Aydin, tying him and lying him on the floor face down.

Gunaydin confronted Aydin about his missionary activities and asked him why he was acting “against Turks” before Gurler sliced his throat, according to Ceker’s original statement.

In Gunaydin’s video testimony, profusely sweating, he described the repeated stabbings of the victims, re-enacting his arm movements and describing how Ozdemir held a gun at the victims, threatening them.

“I didn’t look,” Gunaydin said after describing one of the violent stabbing scenes. “I’m weak about these things … I can’t even cut chicken.”

He described how while Yildirim and Gurler were repeatedly stabbing Geske, the victim lifted his hands up in a gesture of prayer. Gunaydin also described how Yuksel, injured by the stabbing while tied and on the floor, cried out in Turkish, “Mesih, Mesih [Messiah],” between moans before they stuffed a towel in his mouth to silence him.

After the court showed his video testimony, Gunaydin stood up and told the court he had just gotten out of the hospital at that time, and that that account was not how he now remembered the events of April 18, 2007.

In their video testimony, the young men described how the phone and doorbell were ringing while they were torturing the Christians. Before coming out the door with their hands in the air, they showed police interviewing them in the video how they had disposed of their guns and bloodied knives in the Zirve office.

Gunaydin escaped through a window, fell and was severely injured. On Friday plaintiff lawyers requested from the court an investigation into who entered the crime scene while Gunaydin was in the hospital.

When the defendants were asked whether they knew of Aral’s alleged offer of state protection to Gunaydin or a monetary award for the murders, they claimed to have no information.

“I never saw a check in the course of these events, nor did I hear anything about it,” said Gurler. “I only knew that Emre had a bank statement.”

Yildirim also claimed ignorance: “I don’t remember anything about a check. If Emre had one, it would have stayed in his pocket; he wouldn’t have showed it to us.”

When asked about meetings between Gunaydin and Aral, the defendants said they hadn’t witnessed any between the two. They did admit to having spoken to Aral at a sports complex about a different matter, but they knew him as “Mehmet.”

Foreign Press, Organizations Negligent

Twelve of the nearly 20 private and human rights lawyers from around Turkey that compose the plaintiff team attended the court hearing last week. Cengiz said the primary purpose of the plaintiff lawyers, who are working pro bono, was to create a legal “common eye” that is watching all related cases such as Ergenekon and the murder of Hrant Dink, editor of Armenian newspaper Agos, who was murdered months before the three Christians in Malatya.

But the plaintiff lawyers pointed out that very few international bodies and foreign press members are actively monitoring the case, even though in their estimation the Malatya murders are directly linked to uncovering deep elements of Turkish corruption.

“This case has tremendous implications for democracy and deep-state elements in Turkey,” said Cengiz, who has received numerous threats since the beginning of the trial and lives under 24-hour protection.

“What we have here is a concrete act of the Ergenekon gang and it’s interesting.”